[kictanet] Digital Migration Appeal Court Ruling: COFEK Response

Mon Mar 31 12:31:30 EAT 2014

Bernard,

Feel free to comment...I have no censorship powers. Simply put, let us also
discuss the important issue of the REGULATOR as it is the composition of
the regulator that seemed to have brought a "twist"to the whole case. It is
also where the solution seems to lie as I am privy to the fact that CCK/CAK
officials do themselves prefer a law that "strengthens them".

On Mon, Mar 31, 2014 at 12:22 PM, Bernard Kioko <bkioko at bernsoft.com> wrote:

> Wainana I feel like you are trying to sway us away from the real
> issue...what happened at the courts! Is there any specific reason u r
> attempting to close that particular debate and saying ppl here have little
> objectivity?
> On 31 Mar 2014 09:23, "Wyne Bar" <wainaina.mungai at gmail.com> wrote:
>
>> I have kept off this debate because of vested interests by several
>> parties claiming to be making objective analyses. On this list, there's
>> little, if any, objectivity in the matter of Signal Distribution licensing
>> and #DigitalMigrationKE as a whole. I will therefore abstain from making
>> direct comment on the ruling, STBs, Tenders, BSD licences or the Switch-Off
>> date.
>>
>> Instead, I propose we focus on the new regulator. Six years ago, we had a
>> somewhat related debate (copied below) about Media Owners versus Editorial
>> Freedom.
>>
>> The matter of what really constitutes 'media freedom' came up in 2012/13
>> as it did in 2008 around the election period. It came up again during
>> debates on Media Laws as media owners presented their grievances. We forget
>> to sort out media regulation in fair weather.
>>
>> After the ruling by the Supreme Court enforcing Section 34 of the
>> Constitution, what we may want to ensure as "Consumers of media", is that
>> the new regulator will be truly "independent" and yet "powerful"...cannot
>> be influenced by Media Owners or Government etc and can make & enforce bold
>> decisions.
>>
>> If we get the composition, independence and (power) of the new regulator
>> wrong, nothing else we debate here about Signal Distribution, investor
>> protection or consumer rights will be of any consequence in protecting
>> consumers from rogue media or a rogue government.
>>
>> On Broadcasting, the cliché "content is king" still holds and whether or
>> not BSD licence goes to local private media, the right to
>> access/rebroadcast their FTA content must remain with the Broadcaster. That
>> is also true for upcoming content producers who need protection of their
>> content from other players along the value chain. As we debate the issues,
>> let us remember there are many players in the Digital Broadcasting value
>> chain.
>>
>> As the ruling has proved, the REGULATOR is a critical player in the
>> industry. Let us all help to put together a regulator that will guarantee
>> justice, innovation and all our ICT aspirations as a country.
>>
>> **This is my personal position as a Kenyan consumer of media...and my
>> views do not represent any media house; or group of Broadcasters**
>>
>> Have a regulated day,
>>
>> Wainaina
>>
>> ---------- Forwarded message ----------
>> From: Wainaina Mungai <wainaina at madeinkenya.org>
>> Date: Wednesday, February 13, 2008
>> Subject: [kictanet] Kenya: The Media is Not Innocent
>> To: wainaina.mungai at gmail.com
>> Cc: KICTAnet ICT Policy Discussions <kictanet at lists.kictanet.or.ke>
>>
>>
>> Allow me to re-deflect the issue away from a specific media house and
>> state the following as a way forward:
>>
>> 1. Journalists must work with all Kenyans to make the press free from
>> undue influence from Media Owners. Press Freedom will not be achieved until
>> we liberate the journalists from the editorial biases of the media owners.
>>
>> 2. Editors must be held responsible when media houses publish/broadcast
>> in an unethical manner. For this to hold, we must ensure that the media
>> owners are not the 'final' editors.
>>
>> 3. Journalists/reporters have developed a culture of accepting
>> inducements in order to edit stories as requested. This must be treated as
>> a crime due to the privileges society accords the press.
>>
>> 4. Media houses must employ and retrain qualified and ethical staff.
>> There must be standards that ensure professionalism. Engineers, Doctors and
>> others submit to standards that the media continues to dodge.
>>
>> 5. Kenya needs a Media Council "with teeth"...that will be a watchdog
>> that acts in the interest of the public not as a affiliate lobby for Media
>> Owners.
>>
>> The verdict should be a clear message to all of us in the media circles.
>> It's time to look inwards and liberate the profession of journalism from
>> the businessmen who own the media houses.
>>
>> Wainaina
>>
>>
>>
>>
>> On 2/13/08, Wainaina Mungai <wainaina.mungai at gmail.com> wrote:
>> >
>> > Thanks Farida,
>> >
>> > We should not consider the presence of lessos in ballot boxes in
>> Kajiado or Kamukunji as evidence that your story was true. The pre-marking
>> or ballots and the lesso story are what would be considered mutually
>> exclusive events. The use of lessos as indicator of accuracy is at the very
>> least speculative. The fact that [it is possible] for an election to be
>> stolen does not mean that and election [will be] stolen.
>> >
>> > For KTN/Standard, the more direct issues as you vouch for the integrity
>> of your story would be:
>> >
>> > 1. Did you have [evidence] that the ballot boxes were stuffed with
>> pre-marked ballot papers? or were you speculating because someone came
>> forward as a "witness"?
>> >
>> >
>> > 2. Do you believe that the killings of the Administration Police in
>> Nyanza were a direct result of the story you authorised? If so, what have
>> you done to at least console the families of the bereaved policemen?
>> >
>> >
>> > 3. Did you have evidence that the Citi Hoppa buses that were carrying
>> APs to various parts of the country were meant to be used for a rigging
>> mission? and would you consider that your story was responsible for the
>> burning of Citi Hoppa buses?
>> >
>> >
>> > Most voters know that ballot boxes are checked before the start of
>> voting and sealed infront of witnesses (agents, ECK officials etc).  It is
>> therefore unlikely that rigging would only take place is unless there is an
>> elaborate conspiracy involving [all] officials/agents at a polling station.
>> >
>> > Overall, the "vibes" KTN/Standard fraternity must contend with is not
>> that they are a model of "free press" but that it is biased against the
>> government or pro-ODM. The vibes stations such as Royal Media, Kameme and
>> KBC contend with is that they have given Kenyans reason to be seen as
>> pro-government/PNU. Those are the issues the press must address honestly
>> and not hide behind tags and clichés such as 'press freedom' and 'muzzling
>> the press'.
>> >
>> > NOTE: I work for a competing media house but that is not my motivation
>> for the issues i have raised on KTN/Standard. I respect journalists for the
>> effort that goes into writing even the simplest story. However, I am aware
>> that media houses and journalists have continued to allow their political
>> and other biases to influence the way they report stories.
>> >
>> > Wainaina
>> >
>> > On Feb 14, 2008 12:09 AM, Farida Karoney <fkaroney at ktnkenya.com> wrote:
>> >
>> > Wainaina
>> > I personally authorised the story you are blaming KTN for and can vouch
>> for the integrity of that report  any time. If indeed you believe it is not
>> possible to steal an election, how come that ballot boxes were found with
>> lessos, and election materials in some polling stations?
>> >
>> > We cannot resolve explosive issues by hiding or supressing  the truth,
>> and no one is trying to exonerate the press. Let us not pretend that we do
>> not know why we are where we are, it is definately not because of KTN or
>> the Standard Group.
>> >
>> > And it is certainly  not  an academic excercise, afterall most of us do
>> not have another place to call home except Kenya. Believe me, any Country
>> which calls itself democratic must be able to live with a free press, no
>> matter how much of a nuisance it is.
>> >
>> > By all means industry players need mechanisms to promote responsible
>> behaviour in the media but aggression against media houses in light of the
>> current political crisis is in my opinion misplaced.
>> >
>> > regards
>> > Farida
>> >
>> >
>> > ----- Original Message -----
>> > From: Wainaina Mungai
>> >
>> > This message was sent to: wainaina at madeinkenya.org
>> > Unsubscribe or change your options at
>> http://lists.kictanet.or.ke/mailman/options/kictanet/wainaina%40madeinkenya.org
>> >
>>
>>
>>
>> --
>>
>>
>> On Sunday, March 30, 2014, Ngigi Waithaka <ngigi at at.co.ke> wrote:
>> > Guys,
>> >
>> > If an organization by the then name of CCK had done its homework and
>> had greed not been the overriding factor in issuing the Digital Licenses,
>> we would not be in the mess that we are in today, where Wanjiku has lost
>> big time.
>> >
>> > Any smart person @CCK would have foreseen what has happened the moment
>> the current broadcasters lost the bid for the digital broadcasting license.
>> You cannot wish away such a large fish swimming in the pool. The smart
>> thing would be to work with the big fish as you rear other fish and only
>> confront the big fish once you have other sizeable fish in that pool.
>> >
>> > They say "...The law is an ass..." and I can't think of a more
>> applicable case than this!
>> >
>> > Way forward:
>> > 1. Issue the local broadcasters the Digital License. This gets them out
>> of the way
>> > 2. Issue similar Licenses to Signet and that other Chinese firm
>> > 3. Get sober minds at CAK. If we don't do this, we wouldn't have a
>> regulator to talk about in the next couple of months.
>> > 4. And let the conspicuously absent CS ICT to take charge. There is not
>> a single *BIG* deal that touches ICT that can go through without hullabaloo!
>> >
>> > Exactly whats is hard in doing this?
>> >
>> >
>> > On Sat, Mar 29, 2014 at 11:57 AM, Bernard Kioko [Bernsoft Group] <
>> bkioko at bernsoft.com> wrote:
>> >>
>> >> David,
>> >>
>> >>
>> >>
>> >> You have summarized it well.
>> >>
>> >>
>> >>
>> >> Perhaps the benefit of what happened yesterday is that at the Supreme
>> Court, sanity will carry the day without the option of going to any other
>> court thereafter. It appeared to me like that's the "the plan" . Then
>> again, is this wishful thinking on my part.
>> >>
>> >>
>> >>
>> >> Regards
>> >>
>> >>
>> >>
>> >> From: kictanet [mailto:kictanet-bounces+bkioko=
>> bernsoft.com at lists.kictanet.or.ke] On Behalf Of David Makali
>> >> Sent: Saturday, March 29, 2014 11:40 AM
>> >> To: bkioko at bernsoft.com
>> >> Cc: kictanet at lists.kictanet.or.ke
>> >>
>> >> Subject: Re: [kictanet] Digital Migration Appeal Court Ruling: COFEK
>> Response
>> >>
>> >>
>> >>
>> >> The court exceeded its mandate and sowed more confusion:
>> >>
>> >>
>> >>
>> >> 1. By legitimizing the expectation of the media owners for a license
>> and proceeding to grant it one uncompetitively. So, why did the const
>> require vetting of judges who were in office by 2010? They had a legitimate
>> expectation to continue working into pensionhood, having held  their
>> positions for years. The pt: the constitution erased all preferential
>> expectations and set a new standard because of grievances over legitimacy
>> and competence of the status quo.  In the case of ICT/ broadcasting,
>> similar questions lie over the evenness of the ground.  The "competitive"
>> standard in the award of any public resource or positions is to address
>> such issues.
>> >>
>> >>
>> >>
>> >> 2. By simply voiding the rights of PANG which had been issued a
>> license pursuant to a competitive process, however conducted by an
>> "illegal" cck, and disregarding the injustice and financial consequences of
>> such a decision. Why uphold the rights of one party and extinguish the
>> rights of others? The court's Sympathy only seemed to lie on one side for
>> which it poured out its heart generously, but totally ignored the rights of
>> Pang and its subscribers.  A middle ground position, recognizing the
>> predicament of the current media investors and a suitable remedy to the
>> injustice it found committed against them by cck would have sufficed to put
>> the country on a forward footing. But this? The next Destination seems to
>> be the Supreme Court, which am afraid is going to be choking soon with many
>> unnecessary petitions, thanks to the court of appeal's contestable strokes
>> of justice. Pang, a subscriber, another investors, or even "cofek's"
>> unrecognized consumers have more than enough ground the way I see it.
>> >>
>> >>
>> >>
>> >> 3. By failing to admonish the govt for its confused policy (chaotic
>> really) and confirming how dangerous it is to invest n this country, in ict
>> particularly, because it has protected investors, and others are secondary
>> regardless of the processes, which are now routinely reversed.
>> >>
>> >> Unsubscribe or change your options at
>> https://lists.kictanet.or.ke/mailman/options/kictanet/ngigi%40at.co.ke
>> >>
>> >> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder
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>> >
>> >
>> >
>> > --
>> > Regards,
>> > Waithaka Ngigi
>> > Chief Executive Officer | Alliance Technologies | MCK Nairobi Synod
>> Building
>> > T + 254 (0) 20 2333 471 |Office Mobile: +254 786 28 28 28 | M + 254
>> 737 811 000
>> > www.at.co.ke
>> > <
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>> >
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>>
>> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform
>> for people and institutions interested and involved in ICT policy and
>> regulation. The network aims to act as a catalyst for reform in the ICT
>> sector in support of the national aim of ICT enabled growth and development.
>>
>> KICTANetiquette : Adhere to the same standards of acceptable behaviors
>> online that you follow in real life: respect people's times and bandwidth,
>> share knowledge, don't flame or abuse or personalize, respect privacy, do
>> not spam, do not market your wares or qualifications.
>>
>
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